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(영문) 서울서부지방법원 2017.09.01 2017고단1683
산업안전보건법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is a site manager at the Eunpyeong-gu Seoul Corporation Co., Ltd. being executed by B and a person in charge of safety and health affairs for B Co., Ltd., and Defendant B Co., Ltd is a corporation established for the purpose of civil engineering works, building works, etc., and the said C Co., Ltd.

1. Defendant A

(a) On February 4, 2017, a business owner who committed a crime must install a work board by assembling a string, etc. in a place where workers fall or are at risk of fall, or in a machine, facility, vessel block, etc. where workers are likely to pose a risk.

Nevertheless, around 15:40 on February 4, 2017, the Defendant: (a) had D workers belonging to B Co., Ltd. at the construction site of Eunpyeong-gu Seoul Metropolitan Government on the rooftop of a building, and did not install a work board by means of assembling a vision, etc., and caused the Defendant to fall on the rooftop floor of approximately 2.9 meters at a height of approximately 2.9 meters; (b) around February 6, 2017, around 00:42, the Central Medical Center located in Jung-gu, Seoul, Seoul, to death at the National Medical Center located in 245.

(b) On March 2, 2017, a business owner who committed a crime on March 2, 2017 shall install a reinforced structure with sufficient strength to take protective measures, such as safety railing, fences, vertical fall telescopes, covers, etc., at a place where the workers are likely to fall, as the end or opening part of the work plate and passage, and where a cover is installed, it shall be installed so as not to fall or fall.

Nevertheless, the Defendant did not install a safety rail at around March 2, 2017 at the construction site of the above C, and did not take protective measures at a place where employees might fall, such as not installing a safety rail on the part of the apartment floor, and not installing a safety rail on the part of the elevator set of the second, third, fourth, fourth, and six stories.

2. The Defendant Company B, at the time and place specified in the above paragraph (1), was at the risk as described in the above paragraph (1) above, with respect to the Defendant’s business.

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